What is the Current Legislation?
As of now, the right to request flexible working in the UK is subject to the condition that employees must have at least 26 weeks (about 6 months) of service before making such a request. Also, employees must explain the potential impact of their requested change on the employer and propose how such effect might be managed. Employers have up to three months to respond to a flexible working request.
What's Changing?
Effective from April 6, 2024, significant amendments will be made to the flexible working regulations. The right to request flexible working will become a "day one" right, eliminating the need for employees to have a minimum of 26 weeks’ service. Employees will no longer be obligated to explain the potential impact of their requested change or suggest how to manage any effects. They will now have the right to make two requests in any 12 months, and employers must respond within two months, reduced from the previous three months.
When is it coming into effect?
The new regulations will be applicable from April 6, 2024, with an updated ACAS statutory Code of Practice. This Code will guide the making of flexible working requests.
The Impact?
While the amendments strengthen the rights of employees to request flexible working, it's important to note that this remains a "right to request" and not a "right to have" flexible working. Employers still retain the authority to turn down requests they cannot accommodate. The significant change is that new employees will now be able to make a flexible working request from the first day of their employment.
What do you need to do?
Employers should prepare for the changes by updating their policies and procedures related to flexible working. Training for managers in handling flexible working requests efficiently and within the new timeframes is recommended. Be ready to consider and respond to requests from day one for new employees.
How can we help?
MyPeople is available in assisting you to navigate the amendments to flexible working rights. Our HR consultancy is available for consultations, policy reviews, and support in implementing the necessary changes.